Senate Bill sb1002e1

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    CS for SB 1002                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to cruelty to animals; amending

  3         s. 828.12, F.S.; providing that any person

  4         convicted of specified acts which constitute

  5         cruelty to an animal, where the finder of fact

  6         determines that the violation includes the

  7         knowing and intentional torture or torment of

  8         an animal, shall be ordered to undergo

  9         psychological counseling or anger management

10         treatment; providing a minimum mandatory fine;

11         providing penalties for second or subsequent

12         violations; reenacting ss. 550.2415(6)(d),

13         828.122(5) and (6)(a), 828.17, 828.24(3),

14         828.26(3), 828.29(14), 943.051(3)(b)11.,

15         985.212(1)(b)11., and 921.0022(3)(c), F.S., to

16         incorporate the amendment to s. 828.12, F.S.,

17         in references thereto; providing an effective

18         date.

19

20  Be It Enacted by the Legislature of the State of Florida:

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22         Section 1.  Section 828.12, Florida Statutes, is

23  amended to read:

24         828.12  Cruelty to animals.--

25         (1)  A person who unnecessarily overloads, overdrives,

26  torments, deprives of necessary sustenance or shelter, or

27  unnecessarily mutilates, or kills any animal, or causes the

28  same to be done, or carries in or upon any vehicle, or

29  otherwise, any animal in a cruel or inhumane manner, is guilty

30  of a misdemeanor of the first degree, punishable as provided

31  in s. 775.082 or by a fine of not more than $5,000, or both.


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    CS for SB 1002                                 First Engrossed



  1         (2)  A person who intentionally commits an act to any

  2  animal which results in the cruel death, or excessive or

  3  repeated infliction of unnecessary pain or suffering, or

  4  causes the same to be done, is guilty of a felony of the third

  5  degree, punishable as provided in s. 775.082 or by a fine of

  6  not more than $10,000, or both.

  7         (a)  A person convicted of a violation of this

  8  subsection, where the finder of fact determines that the

  9  violation includes the knowing and intentional torture or

10  torment of an animal that injures, mutilates, or kills the

11  animal, shall be ordered to pay a minimum mandatory fine of

12  $2,500 and undergo psychological counseling or complete an

13  anger management treatment program.

14         (b)  Any person convicted of a second or subsequent

15  violation of this subsection shall be required to pay a

16  minimum mandatory fine of $5,000 and serve a minimum mandatory

17  period of incarceration of 6 months. In addition, the person

18  shall be released only upon expiration of sentence, shall not

19  be eligible for parole, control release, or any form of early

20  release, and must serve 100 percent of the court-imposed

21  sentence. Any plea of nolo contendere shall be considered a

22  conviction for purposes of this subsection.

23         (3)  A veterinarian licensed to practice in the state

24  shall be held harmless from either criminal or civil liability

25  for any decisions made or services rendered under the

26  provisions of this section. Such a veterinarian is, therefore,

27  under this subsection, immune from a lawsuit for his or her

28  part in an investigation of cruelty to animals.

29         (4)  A person who intentionally trips, fells, ropes, or

30  lassos the legs of a horse by any means for the purpose of

31  entertainment or sport shall be guilty of a third degree


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    CS for SB 1002                                 First Engrossed



  1  felony, punishable as provided in s. 775.082, s. 775.083, or

  2  s. 775.084.  As used in this subsection, "trip" means any act

  3  that consists of the use of any wire, pole, stick, rope, or

  4  other apparatus to cause a horse to fall or lose its balance,

  5  and "horse" means any animal of any registered breed of the

  6  genus Equus, or any recognized hybrid thereof. The provisions

  7  of this subsection shall not apply when tripping is used:

  8         (a)  To control a horse that is posing an immediate

  9  threat to other livestock or human beings;

10         (b)  For the purpose of identifying ownership of the

11  horse when its ownership is unknown; or

12         (c)  For the purpose of administering veterinary care

13  to the horse.

14         Section 2.  For the purpose of incorporating the

15  amendment to section 828.12, Florida Statutes, in references

16  thereto, the sections or subdivisions of Florida Statutes set

17  forth below are reenacted to read:

18         550.2415  Racing of animals under certain conditions

19  prohibited; penalties; exceptions.--

20         (6)

21         (d)  A conviction of cruelty to animals pursuant to s.

22  828.12 involving a racing animal constitutes a violation of

23  this chapter.

24         828.122  Fighting or baiting animals; offenses;

25  penalties.--

26         (5)  Whenever an indictment is returned or an

27  information is filed charging a violation of s. 828.12 or of

28  this section and, in the case of an information, a magistrate

29  finds probable cause that a violation has occurred, the court

30  shall order the animals seized and shall provide for

31  appropriate and humane care or disposition of the animals.


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    CS for SB 1002                                 First Engrossed



  1  This provision shall not be construed as a limitation on the

  2  power to seize animals as evidence at the time of arrest.

  3         (6)  The provisions of subsection (3) and paragraph

  4  (4)(b) shall not apply to:

  5         (a)  Any person simulating a fight for the purpose of

  6  using the simulated fight as part of a motion picture which

  7  will be used on television or in a motion picture, provided s.

  8  828.12 is not violated.

  9         828.17  Officer to arrest without warrant.--Any sheriff

10  or any other peace officer of the state, or any police officer

11  of any city or town of the state, shall arrest without warrant

12  any person found violating any of the provisions of ss.

13  828.04, 828.08, 828.12, and 828.13-828.16, and the officer

14  making the arrest shall hold the offender until a warrant can

15  be procured, and he or she shall use proper diligence to

16  procure such warrant.

17         828.24  Prohibited acts; exemption.--

18         (3)  Nothing in this section precludes the enforcement

19  of s. 828.12 relating to cruelty to animals.

20         828.26  Penalties.--

21         (3)  Nothing in this section precludes the enforcement

22  of s. 828.12, relating to cruelty to animals.

23         828.29  Dogs and cats transported or offered for sale;

24  health requirements; consumer guarantee.--

25         (14)  The state attorney may bring an action to enjoin

26  any violator of this section or s. 828.12 or s. 828.13 from

27  being a pet dealer.

28         943.051  Criminal justice information; collection and

29  storage; fingerprinting.--

30         (3)

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  1         (b)  A minor who is charged with or found to have

  2  committed the following offenses shall be fingerprinted and

  3  the fingerprints shall be submitted to the department:

  4         11.  Cruelty to animals, as defined in s. 828.12(1).

  5         985.212  Fingerprinting and photographing.--

  6         (1)

  7         (b)  A child who is charged with or found to have

  8  committed one of the following offenses shall be

  9  fingerprinted, and the fingerprints shall be submitted to the

10  Department of Law Enforcement as provided in s. 943.051(3)(b):

11         11.  Cruelty to animals, as defined in s. 828.12(1).

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13  A law enforcement agency may fingerprint and photograph a

14  child taken into custody upon probable cause that such child

15  has committed any other violation of law, as the agency deems

16  appropriate. Such fingerprint records and photographs shall be

17  retained by the law enforcement agency in a separate file, and

18  these records and all copies thereof must be marked "Juvenile

19  Confidential." These records are not available for public

20  disclosure and inspection under s. 119.07(1) except as

21  provided in ss. 943.053 and 985.04(5), but shall be available

22  to other law enforcement agencies, criminal justice agencies,

23  state attorneys, the courts, the child, the parents or legal

24  custodians of the child, their attorneys, and any other person

25  authorized by the court to have access to such records. In

26  addition, such records may be submitted to the Department of

27  Law Enforcement for inclusion in the state criminal history

28  records and used by criminal justice agencies for criminal

29  justice purposes. These records may, in the discretion of the

30  court, be open to inspection by anyone upon a showing of

31  cause. The fingerprint and photograph records shall be


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  1  produced in the court whenever directed by the court. Any

  2  photograph taken pursuant to this section may be shown by a

  3  law enforcement officer to any victim or witness of a crime

  4  for the purpose of identifying the person who committed such

  5  crime.

  6         921.0022  Criminal Punishment Code; offense severity

  7  ranking chart.--

  8         (3)  OFFENSE SEVERITY RANKING CHART

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10  Florida           Felony

11  Statute           Degree             Description

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13                              (c)  LEVEL 3

14  316.1935(2)        3rd      Fleeing or attempting to elude

15                              law enforcement officer in marked

16                              patrol vehicle with siren and

17                              lights activated.

18  319.30(4)          3rd      Possession by junkyard of motor

19                              vehicle with identification

20                              number plate removed.

21  319.33(1)(a)       3rd      Alter or forge any certificate of

22                              title to a motor vehicle or

23                              mobile home.

24  319.33(1)(c)       3rd      Procure or pass title on stolen

25                              vehicle.

26  319.33(4)          3rd      With intent to defraud, possess,

27                              sell, etc., a blank, forged, or

28                              unlawfully obtained title or

29                              registration.

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  1  328.05(2)          3rd      Possess, sell, or counterfeit

  2                              fictitious, stolen, or fraudulent

  3                              titles or bills of sale of

  4                              vessels.

  5  328.07(4)          3rd      Manufacture, exchange, or possess

  6                              vessel with counterfeit or wrong

  7                              ID number.

  8  376.302(5)         3rd      Fraud related to reimbursement

  9                              for cleanup expenses under the

10                              Inland Protection Trust Fund.

11  501.001(2)(b)      2nd      Tampers with a consumer product

12                              or the container using materially

13                              false/misleading information.

14  697.08             3rd      Equity skimming.

15  790.15(3)          3rd      Person directs another to

16                              discharge firearm from a vehicle.

17  796.05(1)          3rd      Live on earnings of a prostitute.

18  806.10(1)          3rd      Maliciously injure, destroy, or

19                              interfere with vehicles or

20                              equipment used in firefighting.

21  806.10(2)          3rd      Interferes with or assaults

22                              firefighter in performance of

23                              duty.

24  810.09(2)(c)       3rd      Trespass on property other than

25                              structure or conveyance armed

26                              with firearm or dangerous weapon.

27  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

28                              less than $10,000.

29  815.04(4)(b)       2nd      Computer offense devised to

30                              defraud or obtain property.

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  1  817.034(4)(a)3.    3rd      Engages in scheme to defraud

  2                              (Florida Communications Fraud

  3                              Act), property valued at less

  4                              than $20,000.

  5  817.233            3rd      Burning to defraud insurer.

  6  817.234(8)&(9)     3rd      Unlawful solicitation of persons

  7                              involved in motor vehicle

  8                              accidents.

  9  817.234(11)(a)     3rd      Insurance fraud; property value

10                              less than $20,000.

11  817.505(4)         3rd      Patient brokering.

12  828.12(2)          3rd      Tortures any animal with intent

13                              to inflict intense pain, serious

14                              physical injury, or death.

15  831.28(2)(a)       3rd      Counterfeiting a payment

16                              instrument with intent to defraud

17                              or possessing a counterfeit

18                              payment instrument.

19  831.29             2nd      Possession of instruments for

20                              counterfeiting drivers' licenses

21                              or identification cards.

22  838.021(3)(b)      3rd      Threatens unlawful harm to public

23                              servant.

24  843.19             3rd      Injure, disable, or kill police

25                              dog or horse.

26  870.01(2)          3rd      Riot; inciting or encouraging.

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  1  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

  2                              cannabis (or other s.

  3                              893.03(1)(c), (2)(c)1., (2)(c)2.,

  4                              (2)(c)3., (2)(c)5., (2)(c)6.,

  5                              (2)(c)7., (2)(c)8., (2)(c)9.,

  6                              (3), or (4) drugs).

  7  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

  8                              893.03(1)(c), (2)(c)1., (2)(c)2.,

  9                              (2)(c)3., (2)(c)5., (2)(c)6.,

10                              (2)(c)7., (2)(c)8., (2)(c)9.,

11                              (3), or (4) drugs within 200 feet

12                              of university or public park.

13  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

15                              (2)(c)3., (2)(c)5., (2)(c)6.,

16                              (2)(c)7., (2)(c)8., (2)(c)9.,

17                              (3), or (4) drugs within 200 feet

18                              of public housing facility.

19  893.13(6)(a)       3rd      Possession of any controlled

20                              substance other than felony

21                              possession of cannabis.

22  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

23                              controlled substance by fraud,

24                              forgery, misrepresentation, etc.

25  893.13(7)(a)11.    3rd      Furnish false or fraudulent

26                              material information on any

27                              document or record required by

28                              chapter 893.

29  918.13(1)(a)       3rd      Alter, destroy, or conceal

30                              investigation evidence.

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  1  944.47

  2   (1)(a)1.-2.       3rd      Introduce contraband to

  3                              correctional facility.

  4  944.47(1)(c)       2nd      Possess contraband while upon the

  5                              grounds of a correctional

  6                              institution.

  7  985.3141           3rd      Escapes from a juvenile facility

  8                              (secure detention or residential

  9                              commitment facility).

10         Section 3.  This act shall take effect upon becoming a

11  law.

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